Trial Required on Daughter's Right to Rent-Controlled Apartment

(Decision submitted by Manhattan attorney Michael K. Brown, who represented the landlord.) Landlord sued to evict rent-controlled tenant's daughter after tenant died. The daughter claimed she'd moved into the apartment with tenant in 1958. Tenant died in 1993. Daughter claimed there was no issue, since she'd continuously resided with tenant. But landlord claimed that daughter didn't live in the apartment when tenant died, and that the apartment had been vacant for the past few months. This raised factual questions as to whether tenant actually lived in the apartment or merely used the address and lived elsewhere. The court ruled that a trial was needed to decide the factual questions raised.

Ban v. Concepion: L&T Index No. 107746/93 (3/14/94) (Civ. Ct. NY; Braun, J) [3-page document]